ess of time, was granted for life; and it grew
afterwards to be hereditary in many shires.
[Sidenote: The Sheriff.]
[Sidenote: Sheriff's Tourn.]
We cannot pretend to say when the Sheriff came to be substituted in the
place of the Ealdorman: some authors think King Alfred the contriver of
this regulation. It might have arisen from the nature of the thing
itself. As several persons of consequence enough to obtain by their
interest or power the place of alderman were not sufficiently qualified
to perform the duty of the office, they contented themselves with the
honorary part, and left the judicial province to their substitute.[59]
The business of the robe to a rude martial people was contemptible and
disgusting. The thanes, in their private jurisdictions, had delegated
their power of judging to their reeves, or stewards; and the earl, or
alderman, who was in the shire what the thane was in his manor, for the
same reasons officiated by his deputy, the shire-reeve. This is the
origin of the Sheriff's Tourn, which decided in all affairs, civil and
criminal, of whatever importance, and from which there lay no appeal but
to the Witenagemote. Now there scarce remains the shadow of a body
formerly so great: the judge being reduced almost wholly to a
ministerial officer; and to the court there being left nothing more
than the cognizance of pleas under forty shillings, unless by a
particular writ or special commission. But by what steps such a
revolution came on it will be our business hereafter to inquire.
[Sidenote: Witenagemote.]
The Witenagemote or Saxon Parliament, the supreme court, had authority
over all the rest, not upon any principle of subordination, but because
it was formed of all the rest. In this assembly, which was held
annually, and sometimes twice a year, sat the earls and bishops and
greater thanes, with the other officers of the crown.[60] So far as we
can judge by the style of the Saxon laws, none but the thanes, or
nobility, were considered as necessary constituent parts of this
assembly, at least whilst it acted deliberatively. It is true that great
numbers of all ranks of people attended its session, and gave by their
attendance, and their approbation of what was done, a sanction to the
laws; but when they consented to anything, it was rather in the way of
acclamation than by the exercise of a deliberate voice, or a regular
assent or negative. This may be explained by considering the analogy of
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